Case Law Library

The Board's statutory interpretation allowing benefits during the qualified injured worker (QIW) evaluation period, provided the employee in good faith presents prima facie evidence justifying a request for rehabilitation, clearly forecloses false claims. Such interpretation is consistent with, and not in conflict with, the statute, and is reasonably necessary to effect the statutory purposes.

An attorney who had settled a lawsuit against his former employer breached the parties' settlement agreement by continuing to pursue a Labor Code 132a claim against the employer at the Workers' Compensation Appeals Board, the 4th District Court of Appeal concluded.

An attorney who had settled a lawsuit against his former employer breached the parties' settlement agreement by continuing to pursue a Labor Code 132a claim against the employer at the Workers' Compensation Appeals Board, the 4th District Court of Appeal concluded.

A California appellate court on Tuesday threw out a private investigation firm's lawsuit against a defense attorney who had advised agencies affiliated with Los Angeles County to avoid using the firm because it had failed to report to the county that one of its investigators had been involved in a high-speed chase with a workers' compensation applicant.

It is prudent to permit subrogation, so that a party with an alleged contractual indemnification obligation will be encouraged to step up in the underlying case and either fulfill the obligation (and implicitly help settle the case) or resolve any dispute over the application of the indemnification obligation.

Today's Round Up

03/20/2018 |
41 |
0 |
min read

The North Carolina Department of Insurance has hired 15 new agents to fight a rising tide of insurance fraud.
Mike Causey
The state's General Assembly last year appropriated $2.4 million to hire the agents after fraud arrests jumped to 334 in 2017, a 60% increase from the previous year, state Insurance Commissioner Mike Causey said in news release. Each month, the department receives 400 to 500 fraud complaints, Causey said.
The new agents were trained at the department's anti-fraud academy and include a crime analyst, forensic accountant, attorneys and special agents.
...
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03/19/2018 |
160 |
0 |
37 min read

Texas could make better use of stop-work orders to crack down on employers who misclassify workers as contractors to avoid paying workers' compensation, a Washington, D.C., think tank said this week.
Andrew Elmore
The Migration Policy Institute, which studies migration worldwide, on Thursday released a study that shows immigrants are twice as likely as native-born workers to be employed in industries in which labor violations are widespread.
Misclassifying workers as independent contractors is common in low-wage businesses, the report said.
Some states, including Texas, are not ...
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